UPDATE: On April 2, 2024, the Beltrami County Attorney's Office dropped the felony sexual assault charge referenced in this story, citing exculpatory information and a lack of evidence in the ensuing investigation.
BEMIDJI — Five days after the announced arrest of a Texas man for the rape of an 11-year-old girl, authorities in Bemidji released more information about the case.
Bemidji Police Chief Mike Mastin stated in a news release Wednesday, Oct. 4, that authorities are continuing to investigate the circumstances surrounding the sexual assault of a minor in the city.
Twenty-two-year-old Oscar Luna is in the Beltrami County Jail, charged with first-degree criminal sexual conduct, a felony that carries a 30-year maximum sentence.
According to the complaint, the 11-year-old victim told investigators of two other victims who were tied up and raped by a man called "Panda," and other men. The victim said she went to a residence with an aunt, who is named in the complaint but has not been charged.
A physical examination of the victim showed multiple injuries to her private areas. Luna was identified as a suspect based on the victim's description, who denied assaulting the child but did say he knew the girl's aunt.
The police department's update detailed a search warrant in the case executed in a residential Bemidji neighborhood. Mastin stated they located an adult female initially described as a second victim, who did not report being assaulted.
Authorities, including agents with the Bureau of Criminal Apprehension, continue to investigate the possibility of a third victim and other aspects of this incident.
As part of the search warrant, 12 other people were located in the residence. Border Patrol was reportedly called in to assist with the language barrier, and 11 of those people were turned over to Border Patrol custody.
Mastin stated at this time, none of these individuals are suspects in the assault and the incident appears to be isolated.
The release also asked the community to recognize the trauma and respect the privacy of the juvenile involved in this case.
Luna will make his next court appearance Monday.
ND Supreme Court reprimands assistant Aitkin County attorney for sexual harassment in previous public defender role
AITKIN — The assistant Aitkin County attorney who has prosecuted a number of Line 3 protester cases has been reprimanded by the North Dakota Supreme Court for violating the rules of professional conduct.
In an order issued late last month, the state Supreme Court outlined disciplinary findings of a complaint about Garrett Slyva, who was employed by the Fargo Public Defender's office in 2021 and early 2022.
A client reported Slyva asked her out on a date during an in-person visit at the Cass County Jail in Fargo and told the client the conversation should stay between them because he controlled her court date.
Slyva denied the visit took place as described and said the client misunderstood the conversation.
The disciplinary board found the client's testimony to be credible, however, alongside that of jail staff, who described her demeanor after the visit. The client expressed such concern about the interaction and its impact on her criminal case, she appeared willing to give up her attorney-client privilege to allow jail staff to listen to phone conversations with Slyva.
Slyva was investigated two months earlier for inappropriately putting his arm around a client.
This incident prompted the supervising attorney to require Slyva make in-person visits only behind a glass partition, but Slyva did not follow this order on the day in question.
Slyva was terminated from the public defender's office immediately upon discovery of the conduct, documents stated.
KAXE reached out to the Aitkin County Attorney's Office seeking comment, but that request has not yet been returned.
Slyva was the prosecutor in the recent jury trial of Mylene Vialard, a Boulder, Colorado, woman who participated in an Enbridge Line 3 protest near Swatara. The jury found Vialard guilty of felony obstruction of justice and sentencing has not yet taken place.
The defense team raised numerous complaints about the prosecutor's conduct during the trial and in post-conviction requests, including those for a new trial.
In response, the state argues the court has rejected all of these arguments already and there is no basis now to reach a different conclusion.
Bemidji council choose top finalist for city manager
A new city manager will soon take the helm in Bemidji and the City Council selected its top candidate among three last night.
Rich Spiczka, the current city administrator for Pequot Lakes, was ranked the top candidate by five of the seven council members.
The selection comes after six months of the city clerk temporarily serving that role after a tumultuous end to the last manager's tenure.
The vacancy was created when former City Manager Nate Mathews resigned after the council voted to remove him by a 4-2 vote in April, following months of council discussion surrounding his continued employment.
Mayor Jorge Prince was among those who ranked Spiczka as his preferred choice, and said he believed Spiczka was the ideal candidate to take on Bemidji's current challenges.
BakerTilly, the search firm hired to facilitate this process, will now pursue contract negotiations with Spiczka. Once the contract negotiations are completed, the council will take a formal vote for the official hire.
Highway 34 construction moves to next phase
AKELEY — The Minnesota Department of Transportation announced today the Highway 34 project in Akeley will move to the third stage of construction tomorrow.
Highway 34 will be closed from Graceson Avenue to Hillside Avenue during this stage.
Motorists will detour utilizing Highway 64 and Hubbard County Road 25.
Crews on Highway 34 will be wrapping up construction for the season later this month, as weather allows. They will return in the spring to finish any remaining work.
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